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Bank of Guam v Ruben [2009] MPSC 7; 2009 MP 7 (6 July 2009)

Notice: This slip opinion has not been certified by the Clerk of the Supreme Court for publication in the permanent law reports. Until certified, it is subject to revision or withdrawal. In any event of discrepancies between this slip opinion and the opinion certified for publication, the certified opinion controls. Readers are requested to bring errors to the attention of the Clerk of the Supreme Court, PO Box 502165 Saipan, MP 96950, phone (670) 236-9715, fax (670) 236-9702, e-mail SupremeCourtClerk@justice.gov.mp.

IN THE SUPREME COURT OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLAND

BANK OF GUAM
Plaintiff-Appellee

V

JOHN S. RUBEN and MONA S. RUBEN
Defendants

MONA S. RUBEN
Defendant-Appellant

SUPREME COURT NO. CV-05-0005-GA
SUPERIOR COURT NO. 93-1114

DENIAL OF PETITION FOR REHEARING

Cite as 2009 MP 7

Decided July 6, 2009

Michael A. White, Saipan, Northern Mariana Islands, for Plaintiff-Appellee
Jane Mack, Micronesian Legal Services Corp., Marianas Office, for Defendant-Appellant

BEFORE: Timothy H. Bellas, Justice Pro Tem; Jesus C. Borja, Justice Pro Tem; Edward Manibusan, Justice Pro Tem

Borja, J.P.T.:

¶ 1 Petitioner Mona S. Ruben (“Ruben”) requests a rehearing of this Court’s decision in Bank of Guam v. Ruben, 2008 MP 22. Ruben petitions for a rehearing on the grounds that this Court erred by: (1) deciding moot issues in her appeal; (2) failing to use the plain meaning of the phrase “method of payment” found in the Commonwealth’s order-in-aid of judgment statute at 7 CMC § 4206(b); and (3) inadequately addressing her argument that the trial court’s decision violated her Thirteenth Amendment rights. We hold that our opinion properly addressed these issues. We therefore DENY the petition for rehearing.

I

¶ 2 The facts of this case are contained in Bank of Guam